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HomeMy WebLinkAboutEvolution Landscaping, Inc. - 2026-06-17 SERVICE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND EVOLUTION LANDSCAPING,INC. FOR LANDSCAPE MAINTENANCE MEDIANS,ROADSIDES& WALKWAYS WEST OF BEACH BLVD. THIS AGREEMENT("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter called"City,"and Evolution Landscaping, Inc., hereinafter referred to as"Contractor." Recitals A. The City desires to retain a Contractor having special skill and knowledge in the field of landscape maintenance medians, roadside and walkways. B. Contractor represents that Contractor is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a comparable company or firm in the field. Contractor has been selected to perform these services pursuant to Huntington Beach Municipal Code Chapter 3.02. NOW,THEREFORE, it is agreed by City and Contractor as follows: 1. Scope of Services Contractor shall provide all services as described in Exhibit"A,"which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the"Project." Contractor hereby designates Salvador Ibarra, who shall represent it and be its sole contact and agent in all consultations with City during the performance of this Agreement. 2. City Staff Assistance City shall assign a staff coordinator to work directly with Contractor in the performance of this Agreement. 26-18031/412860 1 3. Compensation a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in Exhibit"B." The total sum to be expended under this Agreement, shall not exceed Eight Hundred Thousand Dollars ($800,000.00) per year for any one year during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. c. Contractor shall be paid pursuant to the terms of Exhibit"B." 4. Term Time is of the essence of this Agreement. The services of Contractor are to commence bJ/'y-i20 as soon as practicable after the execution of this Agreement by City (the "Commencement Date") and terminate three (3) years from Commencement Date, unless terminated earlier in accordance with the provisions of this Agreement. Contract may be extended for 2 additional one-year periods if mutually agreed to in writing by both parties. The time for performance of the tasks identified in Exhibit"A" are generally to be shown in Exhibit "A." This schedule and Term may be amended to benefit the Project if mutually agreed to in writing by City and Contractor. In the event the Commencement Date precedes the Effective Date, Contractor shall be bound by all terms and conditions as provided herein. 5. Extra Work In the event City requires additional services not included in Exhibit"A" or changes in the scope of services described in Exhibit"A," Contractor will undertake such work only after receiving written authorization from City. Additional compensation for such extra work shall be allowed only if the prior written approval of City is obtained. 6. Disposition of Plans, Estimates and Other Documents Contractor agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, computer code, language, date or programs, maps, memoranda, letters and other documents, shall belong to City, and Contractor shall turn these materials over to City upon expiration or termination of this Agreement or upon Project completion, whichever shall occur first. These materials may be used by City as it sees fit. 26-18031/412860 2 7. Hold Harmless Contractor hereby agrees to protect, defend, indemnify and hold harmless City, its officers, elected or appointed officials, employees, agents, and volunteers from and against any and all claims, damages, losses, expenses,judgments, demands and defense costs, and consequential damage or liability of any kind or nature, however caused, including those resulting from death or injury to Contractor's employees and damage to Contractor's property, arising directly or indirectly out of the obligations or operations herein undertaken by Contractor, caused in whole or in part by any negligent act or omission of the Contractor, any subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence, except where caused by the active negligence, sole negligence, or willful misconduct of the City. Contractor will conduct all defense at its sole cost and expense and City shall approve selection of Contractor's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. 8. Workers Compensation Insurance Pursuant to California Labor Code Section 1861, Contractor acknowledges awareness of Section 3700 et seg. of this Code, which requires every employer to be insured against liability for workers' compensation; Contractor covenants that it will comply with such provisions prior to commencing performance of the work hereunder. Contractor shall obtain and furnish to City workers' compensation and employer's liability insurance in an amount of not less than the State statutory limits. Contractor shall require all subcontractors to provide such workers' compensation and employer's liability insurance for all of the subcontractors' employees. Contractor shall furnish to City a certificate of waiver of subrogation under the terms of the workers' compensation and employer's liability insurance and Contractor shall similarly require all subcontractors to waive subrogation. 9. General Liability Insurance In addition to the workers' compensation and employer's liability insurance and Contractor's covenant to defend, hold harmless and indemnify City, Contractor shall obtain and furnish to City, a policy of general public liability insurance, including motor vehicle coverage covering the Project/Service. This policy shall indemnify Contractor, its officers, employees and agents while acting within the scope of their duties, against any and all claims arising out of or in connection with the Project/Service, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of One Million Dollars ($1,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, 26-18031/412860 3 the aggregate limit must be no less than One Million Dollars ($1,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than One Million Dollars ($1,000,000) for this Project/Service. This policy shall name City, its officers, elected or appointed officials, employees, agents, and volunteers as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the Project/Service shall be deemed excess coverage and that Contractor's insurance shall be primary. Under no circumstances shall said above-mentioned insurance contain a self- insured retention, or a"deductible" or any other similar form of limitation on the required coverage. 10. Automobile Liability Insurance Contractor shall obtain and furnish to City an automotive liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for Contractor's automotive liability in an amount not less than One Million Dollars ($1,000,000.00) per occurrence and a separate "Additional Insured Endorsement" page listing both the policy number and naming the "City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers" as additional insured on the endorsement. The above-mentioned insurance shall not contain a self-insured retention, "deductible" or any similar form of limitation on the required coverage except with the express written consent of City. 11. Certificate of Insurance Prior to commencing performance of the work hereunder, Contractor shall furnish to City a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: a. provide the name and policy number of each carrier and policy; b. state that the policy is currently in force; and c. promise that such policy shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice; however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium. Contractor shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by City. This requirement for carrying the foregoing insurance coverage shall not derogate from Contractor's defense, hold harmless and indemnification obligations as set forth in this Agreement. City or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. Contractor shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required. 26-18031/412860 4 12. Independent Contractor Contractor is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of City. Contractor shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for Contractor and its officers, agents and employees and all business licenses, if any, in connection with the Project and/or the services to be performed hereunder. 13. Conflict of Interest Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 14. Termination This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Director may require Contractor to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 15. Exclusivity and Amendment This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 26-18031/412860 5 16. Assignment Inasmuch as to this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. 17. City Employees and Officials Contractor shall employ no City official nor any regular City employee in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 18. Notices Any notices, certificates, or other communications hereunder shall be given either by personal delivery to Contractor's agent(as designated in Section 1 hereinabove) or to City as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses below. City and Contractor may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U.S. certified U.S. certified mail-return receipt requested: To City: Contractor: City of Huntington Beach Evolution Landscaping, Inc. Attn: Director of Public Works Attn: Salvador Ibarra 2000 Main Street 18931 Gothard Street Huntington Beach, CA 92648 Huntington Beach, CA 92648 19. Consent When City's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transactions or event. 20. Modification No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 26-18031/412860 6 21. Section Headings The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 22. Interpretation of this Agreement The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 23. Duplicate Original The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 24. Immigration Contractor shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 25. Legal Services Subcontracting Prohibited Contractor and City agree that City is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. Contractor understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for City; 26-18031/412860 7 and City shall not be liable for payment of any legal services expenses incurred by Contractor. 26. Confidentiality Contractor recognizes that in the performance of its duties under this Agreement, it must conduct its activities in a manner designed to protect information of a sensitive nature from improper use or disclosure. Contractor warrants that it will use reasonable efforts consistent with practices customary in the facilities management industry in recruiting, training and supervising employees and in otherwise performing its duties hereunder in order to achieve this result. In the furtherance of this, Contractor agrees, at the request of the City, to require its employees to execute written undertakings to comply with the foregoing confidentiality provision. 27. Discrimination Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 28. Jurisdiction—Venue This Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be government and construed in accordance with the laws of the State of California. This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 29. Professional Licenses Contractor shall, through the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Huntington Beach and all other governmental agencies. Contractor shall notify the City immediately and in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 26-18031/412860 8 30. Attorney's Fees In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the non-prevailing party. 31. Survival Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 32. Governing Law This Agreement shall be governed and construed in accordance with the laws of the State of California. 33. Signatories Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 34. Entirety (a) The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement warranty, fact or circumstance not expressly set forth in this Agreement. (b) All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 26-18031/412860 9 35. Effective Date IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. This Agreement shall be effective on the date of its approval by the Mayor. This Agreement shall expire when terminated as provided herein. CONTRACTOR CITY OF HUNTINGTON BEACH, a EVOLUTION LANDSCAPING, INC. municipal corporation of the State of California By: Mayor a Or Print name ITS: (circle one)Chairma 'residen Vice President City Clerk AND By: CZCGOiwl(ars INITIATED AND APPROVED: Print name �J ITS: (circle one) ecret Chief Financial Officer/Asst. Secretary-Treasurer Director of Public Works APPROVED AS TO FORM: City Attorney REVIEWED AND APPROVED: City Manager COUNTERPART 26-18031/412860 ��� 35. Effective Date IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. This Agreement shall be effective on the date of its approval by the Mayor. This Agreement shall expire when terminated as provided herein. CONTRACTOR CITY OF HUNTINGTON BEACH, a EVOLUTION LANDSCAPING, INC. municipal corporation of the State of California By: Mayor Print name ITS: (circle one) Chairman/President/ Vice President City Clerk AND By: INITIATED AND APPROVED: Print name ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary-Treasurer Director of Public Works APPROVED AS TO FORM: City Attorney REVIEWED AND APPROVED: City Man ger COUNTERPART 26-18031/412860 10 EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) Provide Landscape Maintenance Medians, Roadsides & Walkways West of Beach Blvd. B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: SEE ATTACHED EXHIBIT A C. CITY'S DUTIES AND RESPONSIBILITIES: D. WORK PROGRAM/PROJECT SCHEDULE: 26-18031/412860 11 EXHIBIT A SCOPE OF WORK / SERVICES, GENERAL SPECIFICATIONS LANDSCAPE MAINTENANCE - MEDIANS, ROADSIDES & WALKWAYS FOR THE CITY OF HUNTINGTON BEACH, CALIFORNIA I. GENERAL REQUIREMENTS 1. Work Schedule a. The Contractor shall provide to the City a complete work schedule along with the size of work crew and equipment summary sheet, prior to start of the maintenance contract. b. The City retains the right to specify that certain work sites are maintained on specific days and times. c. The Contractor shall have the same minimum staffing members assigned to this contract five (5) days a week, Monday through Friday, for an eight (8) hour workday. The personnel required for the minimum staffing requirement cannot be used on any other contract the vendor may have with the City. d. The Contractor at no time shall leave a work site to complete another site or project, without having completed the work assignment for that day. e. All scheduled daily, weekly, and monthly tasks must be completed as scheduled. Failure to do so will result in a deduction per task. f. Perform Work Orders/ Service Requests as directed by the Operations Manager or designee. 2. Emergency Services The Contractor shall provide the City with the names and telephone numbers of at least two (2) qualified persons who can be called by City representatives when emergency maintenance conditions occur during hours when the Contractor's normal work force is not present (after hours). Such work will be performed and is considered part of contract. The Contractor shall provide emergency call out personnel, which will respond to the work site within one hour of call from the City. Emergency services and call outs are part of this contract. Failure to respond to an emergency call out resulting in the dispatching of city personnel will result in a $250 per hour call out fee with a two-hour minimum. The call out fee will be deducted from future payments due to Contractor. 3. Working Time Limits All work shall be performed between the hours of 7:00 a.m. and 5:00 p.m., and between the days of Monday through Friday, or as directed by the Operations Manager or designee. 4. Improvements Scope of Work Page 1 of 14 Medians, Roadsides, &Walkways The Contractor or third party may perform construction and installation of sidewalks, turf, planting, pathways, irrigation pumps and irrigation systems, when requested by the City. Such work shall be considered as extra work and shall be paid for as specified. 5. Qualifications of Contractor To be eligible to enter this contract with the City, the bidder shall: a. Have been engaged successfully in the maintenance of automated/computerized irrigation systems, trees, shrubs, ground cover, turf areas and pest management services for a period of at least five (5) years at the time of the awarding of this contract. b. Agree to employ an English-speaking supervisor to supervise the work at the landscape sites. c. Be recognized by the City as well qualified to perform park and landscape maintenance based on experience, expertise, equipment and financial stability. d. The Contractor must have worked for a Public Agency on at least six (6) current landscape contracts for landscape maintenance; three (3) of which must be of similar or greater size, scope of service and cost as this specific work. e. The following must be supplied by contractor: i. Contractor must have a valid California C-27 license. ii. Contractor must have a valid Pest Control Business License issued by the State of California. iii. Contractor must have on staff and maintain during the term of this contract, an ISA Certified Arborist for written recommendations. iv. Contractor must have radio or telephone communications between office and field personnel. v. Contractor must have 24-hour emergency service. vi. Contractor must have sufficient vehicles and equipment to service this contract and meet City standards. Personal vehicles shall not be used. vii. Contractor must supply all parts and materials as part of this contract. viii. Employees must wear uniforms identified with the company name. ix. Contractor must obtain and keep a valid City Business License. x. Contractor must maintain insurance as required by City during term of contract. Scope of Work Page 2 of 14 Medians, Roadsides, &Walkways f. Contractor must provide the following organizational information: Organization Chart inclusive of executives and descending to on-site supervisor. ii. Brief description of company personnel and training procedures. iv. The Contractor shall provide a schedule of hourly rates for all job classifications to be used for determining cost of extras. 6. Public Safety All work carried out under this contract shall be done in a way to protect the public and shall follow all OSHA and CALOSHA rules and regulations. 7. Loss City-owned property, which is damaged, vandalized, or which disappears through an unknown source, is to be repaired or replaced by the contractor as part of this contract, and is included in the cost of this contract. This includes all parts, labor and materials. 8. On-Site Storage The storage of tools, equipment or materials within the project area, public right-of-way or easements is prohibited. 9. Personal Attire and Equipment a. The Contractor shall provide their employees uniforms with company identifiers, proper boots and needed personal protective equipment. Uniforms, boots, and PPE must be in good condition. Jeans are not allowed as work pants. b. Contractor shall display the name of their company on the vehicles used by the Contractor's employees to carry personnel, supplies and equipment. The contractor's name shall be in letters large enough to be easily legible from one hundred (100) feet. c. All contractor trucks and other vehicles shall be uniform in color scheme and paint. All vehicles and equipment shall be in good condition and appearance. d. All vehicles shall have working strobe lights and light bars. 10. Chemical Control a. The Contractor shall comply with all Federal, State, County and Local laws & regulations for the use of pesticides. This includes the City of Huntington Beach's Landscapes Section rules. b. Contractor will assume responsibility and liability for the use of all chemical controls. Pests and diseases include, but are not limited to, all vertebrates, insects, aphids, mites, invertebrates, pathogens, and nematodes. Controls to include necessary use of integrated pest control systems involving the use of life Scope of Work Page 3 of 14 Medians, Roadsides, &Walkways history information and extensive monitoring. Control through prevention, cultural practices, mechanical, pesticide applications, exclusion, biological control and host resistance. c. The City shall be notified prior to the applications of pesticides and other chemicals. d. If a Restricted Use Pesticide is used, the City must be in receipt of use permit issued by the Orange County Agricultural Commissioner before the pesticide is applied. 11. Coordination Contractor shall coordinate work with the Operations Manager or designee to prevent conflict with City programs and activities. The Operations Manager or designee's office is located at 17371 Gothard Street, Huntington Beach. Telephone number 714/536- 5480. 12. Water Conservation a. The Contractor shall minimize the use of water during maintenance operations. Watering equipment shall be kept in good working order; water leaks shall be repaired promptly; and washing of equipment, except when necessary for the safety of and for the protection of equipment, shall be discouraged. In no case shall the Contractor use water to rinse or flush chemicals of any kind from equipment onto the work site and/or drainage or sewage systems. b. The contractor shall comply with City of Huntington Beach Storm Water and Urban Runoff Management Municipal Code Chapter § 14.25 and with City of Huntington Beach Water Efficient Landscape Municipal Code Chapter § 14.52 at all times. 13. Sound Control Requirements a. Contractor shall comply with all State, County sound control and noise level rules, regulations and ordinances and with City of Huntington Beach Noise Control Municipal Code Chapter § 8.40, which apply to any work performed pursuant to the Contract and shall make every effort to control any undue noise resulting from the operation. b. Internal combustion engines used for any purpose on this contract shall be equipped with a muffler recommended by the manufacturer. No internal combustion engine shall be operated on the project without said muffler. 14. Inclement Weather a. During the periods when inclement weather hinders normal operations, the Contractor shall perform storm related duties as directed by the City. b. The Contractor shall assist in any storm related damage repair to sites in this contract. c. Contractor shall dewater (pump out) flooded parks/sites. Scope of Work Page 4 of 14 Medians, Roadsides, &Walkways d. The Contractor shall not work or perform any operations during inclement weather that may destroy or damage ground cover or turf areas. The Contractor shall contact the Operations Manager or designee for the determination of non-operation conditions. e. The Contractor shall not remove staff due to inclement weather. Removing staff will result in a deduction. 15. Contract Documents Contract documents shall consist of the specifications and exhibits, plans, insurance certificates, the contract and all submittals required. 16. Underground Excavations The contractor shall be responsible for locating all underground utility lines to ensure the safety of his/her work crew and to protect in place existing utility equipment before commencing any excavation. The contractor shall contact the Operations Manager or designate and Underground Service Alert (1/800-422-4133) 48 hours before commending any excavation, to locate underground service lines. 17. Exhibits Exhibits consist of Exhibit A through H. 18. Air Pollution a. The Contractor shall comply with all air pollution control rules, regulations, ordinances and statutes which apply to any work performed pursuant to the Contract and shall not discharge smoke, dust, or any other air contaminants into the atmosphere in such quantity as will violate the regulations of any legally constituted authority. 19. Inspection of Work and Deficiency Notice a. The City and Contractor's representative shall make weekly inspections of areas included in the contract. The results are recorded for reference using a Landscape Punch List Sheet. Thirty-two (32) hours shall be allotted monthly for inspection and contract supervision. The Contractor shall compensate the City for all time required for inspection and supervision more than the above specified time, providing that: i. The excess time is, in the opinion of the City, required due to an inadequate level of maintenance. b. Notices and penalties for non-performance are set forth as follows: i. Deficiency Notice: The Contractor is required to correct deficiencies within the time specified by the City of Huntington Beach Deduction Schedule. If the deficiency is not corrected within the time specified, City staff or alternative vendors will be called out to complete the work and the cost will be deducted from the contractor's invoices. Scope of Work Page 5 of 14 Medians, Roadsides, & Walkways ii. Withholding Payment: Provided work under the Deficiency Notice has not been completed in the specified time; payment for subject deficiency shall be withheld without right to retroactive payments. iii. The Contractor's representative shall contact the City on a regular basis for notification of special maintenance item(s) requiring correction. II. SPECIAL PROVISIONS TRAFFIC AND DETOURS 1. Protection and Restoration of Existing Improvements a. The Contractor shall relocate, repair, replace or re-establish all existing improvements within the project limits which are not designated for removal (e.g., curbs, gutters, sidewalks, driveways, fences, walls, sprinkler systems, signs, utility installations, pavements and structures) which are damaged or removed because of the Contractor's operations. b. Where existing traffic striping, pavement markings, and curb markings are damaged or their reflectivity reduced by the Contractor's operations, such striping or markings shall also be considered as existing improvements, and the Contractor shall repaint or replace such improvements. c. Relocations, repairs, replacements or re-establishments shall be equal to the existing improvements and shall match such improvements in finish and dimensions unless otherwise specified. d. All costs to the Contractor for protecting, removing, restoring, repairing, replacing, or re-establishing existing improvements shall be included as part of this contract, and not considered as an extra. 2. Public Conveniences and Safety (Traffic and Access) a. All traffic control shall be in accordance with the latest editions of the following documentation: Caltrans Manual on Uniform Traffic Control Devices (MUTCD); Sign Specifications, Standard Plans, Standard Specifications; American Public Works Association Southern California Chapter—Work Area Traffic Control Handbook. b. The Contractor shall provide and maintain all signs, barricades, flashers, delineators necessary for the protection of the motoring public within the limits of the work area. All traffic control equipment shall be in like new condition. 3. Protection of the Public a. The Contractor shall use foresight and shall take such steps and precautions to protect the public from danger, loss of life, or loss of property. b. Whenever, in the opinion of the Operations Manager or designee, an emergency exists against which the Contractor has not taken sufficient precaution. City staff or another City vendor will be used to remediate the situation. Scope of Work Page 6 of 14 Medians, Roadsides, &Walkways c. All expenses incurred by the City to protect the safety of the public will be deducted from payments due to the Contractor. 4. Hauling a. Spillage resulting from hauling operations on or across public thoroughfares shall be immediately removed at Contractor's expense. b. If the spillage is of a hazardous substance, such as petroleum products, or pesticides, the Contractor is required to call 911 immediately and prevent the substance from running into storm drains. 5. Insect, Disease and Pest Control The Contractor shall provide complete insect, disease and pest control as necessary or as directed by the Operations Manager or designee. 6. Re-Planting The contractor shall replace all plants, and sod lost due to the Contractor's negligence, as determined by the Operations Manager or designee. III. SHRUB, PLANTER, AND GROUND COVER MAINTENANCE 1. Pruning and Trimming a. Ground cover shall be kept trimmed to the edge of sidewalks, light fixtures, driveways, mow-strips, retaining walls and buildings. Ground cover shall be kept one (1) foot from fences, property lines, trees and shrubs. In no case shall ground cover be allowed to climb walls, fences, light fixtures, buildings, shrubs and trees. City staff will determine how the contractor is to shape the plants. b. Shrubs shall be selectively pruned to (1) foot from fences, buildings, driveways, sidewalks, trees, retaining walls and sprinkler heads. The Contractor shall prune where necessary to maintain safe vehicular and pedestrian visibility as directed by the Operations Manager or designee. c. Planters adjacent to City facilities shall have all weeds pulled by hand before reaching four (4) inches in height and removed from the park/site. d. At the Operations Manager, Landscape Maintenance Supervisor or Landscape Maintenance Inspector's direction, the contractor shall trim and remove all vegetation in the City-owned landscape area, regardless of the vegetation's point of origin, including but not limited to vegetation growing into or onto the City-owned landscape areas from adjacent private property. 2. Fertilizing Ground cover and shrub areas shall be fertilized in March with a complete fertilizer, 16- 6-8 plus trace elements at approximately one (1) pounds per 1,000 square feet. Water thoroughly the day before fertilizing and thoroughly again immediately after the application of the fertilizer. Scope of Work Page 7 of 14 Medians, Roadsides, & Walkways 3. Weed Control The Contractor shall maintain a pre-emergence and post-emergence program for the entire duration of the contract. Ground cover and shrub areas shall be weeded before any weeds reach four (4) inches in height. Pre-emergent herbicide shall be applied in early March and again in early September according to the manufacturer's recommendation each year in all ground cover areas. Post-emergent herbicide shall be applied as needed as directed and the type approved by the Operations Manager or designee. Dead weeds shall be removed. 4. Sidewalk Cleaning a. All City owned arterial sidewalks in the contract area shall be cleaned to remove all weeds, dirt, debris, plant material, feces, dead animals, and trash. b. All weeds shall be manually removed at time of service. c. Sidewalks shall be cleaned from curb face to front of wall. d. All City owned tree wells shall be cleaned to remove all weeds, trash, feces, dead animals, and debris. e. Contractors shall not allow material from cleaning operations to get into the gutter, street, planters, tree wells, or private property. f. All work shall be done in a responsible manner to minimize dust. g. All materials shall be removed and disposed of by the contractor at time of service. h. Bulky items such as mattresses, boxsprings, couches, large furniture, and appliances will be removed by the City's Street Department. This does not include plant material. IV. TREE MAINTENANCE 1. Pruning and Trimming The Contractor shall restrict tree growth through pruning to maintain safe road visibility, vehicle and pedestrian clearances, equipment accessibility and to prevent or eliminate hazardous situations to up to ten (10) feet. All tree work shall follow all International Society of Arboriculture standards. Work shall be done on an as-needed basis at the discretion of the Operations Manager or designee. At the Operations Manager, Landscape Maintenance Supervisor or Landscape Maintenance Inspector's direction, the contractor shall trim and remove all vegetation in the City-owned landscape area, regardless of the vegetation's point of origin, including but not limited to vegetation growing into or onto the City-owned landscape areas from adjacent private property. 2. Fallen Tree Limbs The contractor shall remove all fallen tree limbs 12" or less in diameter. Scope of Work Page 8 of 14 Medians, Roadsides, & Walkways V. MULCH MAINTENANCE 1. Mulched shall be kept evenly spread at a uniform three (3) inch depth. The Contractor shall remove weeds and debris as required herein. a. Replenishment Twice per year the contractor shall provide mulch to the work sites for replenishment. The Contractor shall spread the mulch evenly over the entire mulched/planter areas to a uniform depth. The contractor shall remove unwanted vegetation, branches, logs, paper and other debris from the mulch and dispose of any objectionable material off the work site. No ash, palm, or pepper wood chips are to be used on city sites. b. Mulch shall be replenished as directed by the Operations Manager or designee, within a 90-day window. Failure to do so will result in a deduction. Scope of Work Page 9 of 14 Medians, Roadsides, &Walkways EXHIBIT "B" Payment Schedule (Fixed Fee Payment) 1. CONSULTANT shall be entitled to monthly progress payments toward the fixed fee set forth herein in accordance with the following progress and payment schedules. Bid Item No. Item Alpinist Provide Landscape Maintenance Services per specifications and exhibits S 1 t O Q OO ANNUAL PRICE YEAR I '1 Provide Landscape Maintenance Services per specifications and exhibits $ 1, 5 g 2L 0L3 2 ANNUAL PRICE YEAR 2 Provide Landscape Maintenance Services per specifications and exhibits 3 3 5 q `C\ 1a u ANNUAL PRICE YEAR3 2. Delivery of work product: A copy of every memorandum, letter, report, calculation and other documentation prepared by CONSULTANT shall be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. 3. CONSULTANT shall submit to CITY an invoice for each monthly progress payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due; D) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and E) For all payments include an estimate of the percentage of work completed. All billing shall be done monthly in fifteen (15) minute increments and matched to an appropriate breakdown of the time that was taken to perform that work and who performed it. Each month's bill shall include a total to date. That total shall provide the total fees and costs incurred to date for the project. A copy of memoranda, letters, reports, calculations, and other documentation prepared by CONSULTANT may be required to be submitted to the CITY to demonstrate progress towards completion of tasks. In the event the CITY rejects or has comments, on any such product, CITY shall identify specific requirements for satisfactory completion. Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non-approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. 4. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. All extra work or additional services will be in accordance with the extra work or additional services and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. Surfnet Exhibit B EXHIBIT B Fixed Fee Payment A O CERTIFICATE OF LIABILITY INSURANCE DATE(M\164 DDDIIYYYY) . - 11/26/2025 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(les) mist be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Bertha Guerrero NAME: PHOFAX Valiant Insurance Agency, Inc. (A/C NNo.E u: (714)243-4070 I(A/C,No)' 16161511-8211 Lic. #01404649 E-I.IAIL S: g bguerrero@valiantins.com MIL,: 1913 E. 17th Street, Suite 210 INSURER(S)AFFORDING COVERAGE NAIC N Santa Ana CA 92705-3922 iNsuRERA:Associated Industries Insurance Compan} 23140 INSURED Evolution Landscaping, Inc INSURERS:Security National Insurance Company 19879 DBA: Evolution Landscaping 6 Plumbing INSURER C: Evolution Growers, Inc. INSURERD: 18931 Gothard St. INSURERE: Huntington Beach CA 92648 INSURERF: COVERAGES CERTIFICATE NUMBER:25/26 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR NSD WVD POLICY NUMBER EFF PMI0D(Y EXP LIMITS TYPE OF INSURANCE (POLICY YEFF pPOLICY YY) X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S 1,000,000 DAMAGE TO RENTED 100,000 A CLAIMS-MADE X OCCUR PREMISES(Ea occurrence) 5 X Y AES123765002 11/27/2025 11/27/2026 LIED EXP(Any one person) S 10,000 PERSONAL ZADV INJURY S 1,000,000 GENT AGGREGATE LIMIT APPLIES PER. GENERAL AGGREGATE S 2,000,000 POLICY X ECT LOC PRODUCTS-COMP/OPAGG S 2,000,000 OTHER Deducl:b'e 5 5,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT S 1,000,000 (Ea accident) B X ANY AUTO BODILY INJURY(Per person) S ALL OWNED SCHEDULED SPP1775133O2 1/19/2026 1/19/2027 BODILY INJURY Per accident) S AUTOS AUTOS x y NON-OWNED PROPERTY DAMAGE S X HIRED AUTOS X AUTOS (Per accident) - Uninsured molonst corntined slogle 5 1,000,000 / -- UMBRELLA LIAR X OCCUR EACH OCCURRENCE 5 5,000,000 A x EXCESSLIAB CLAIMS-MADE AGGREGATE S 5,000,000 DED I I RETENTION S EXA120050202 11/27/2025 11/27/2026 S WORKERS COMPENSATION X I STATUTE I 10TH AND EMPLOYERS'LIABILITY Y I N ANYPROPRIETOR/PARTNER/EXECUTIVE EL EACH ACCIDENT S 1,000,000 OFFICERIMEI,IBER EXCLUDED? N IA B (Mandatory In NH) y S1151628364 3/1/2026 3/1/2027 E.L DISEASE-EA EMPLOYEE S 1,000,000 If yes.describe under DESCRIPTION OF OPERATIONS below E DISEASE-POLICY LIMIT 5 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers are named as Additional Insured when required by written contract per the attached � ?�� g314SANfl 0704, CG2037 0704, Waiver of Subrogation applies per the attached CG24O4 12/19, Prim [ion- on ributory " applies per the attached NXGL009 0809. WC Waiver of Subrogation applies per attached WC040306 04-84. Auto Additional Insured endorsement applies per the attached CA9901870715 includes Papsy Non-Contributory and Waiver of Subrogation. MICHAEL J.VIGLI0TTA CITY Y 1V1'T0 lNEY CITY or IIUPJ'iIWGTOdI l3EecN CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Huntington Beach THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN 2000 Main St. ACCORDANCE WITH THE POLICY PROVISIONS. Huntington Beach, CA 92648 AUTHORIZED REPRESENTATIVE Kevin Markel/KEVIN Oel I ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD INS025(2014011 POLICY NUMBER:AES1237650 02 COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location(s) Of Covered Operations City of Huntington Beach, its officers, elected or With respect to monthly landscape service performed appointed officials, employees, agents and volunteers to medians, roadsides, and parks at which you 2000 Main St performed work for such additional insured as Hunting Beach, CA 92648 required per written contract. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to This insurance does not apply to "bodily injury" or include as an additional insured the person(s) or "property damage"occurring after: organization(s) shown in the Schedule, but only 1. All work, including materials, parts or equip with respect to liability for "bodily injury", "property ment furnished in connection with such work, on damage" or "personal and advertising injury" caused, in whole or in part, by: the project (other than service, maintenance or repairs) to be performed by or on behalf of the 1. Your acts or omissions; or additional insured(s) at the location of the 2. The acts or omissions of those acting on your covered operations has been completed; or behalf; 2. That portion of "your work" out of which the injury or damage arises has been put to its in- in the performance of your ongoing operations for the additional insured(s) at the location(s) desig- tended use by any person or organization other Hated above. than another contractor or subcontractor en- gaged in performing operations for a principal B. With respect to the insurance afforded to these as a part of the same project. additional insureds, the following additional exclu- sions apply: CG 20 10 07 04 ©ISO Properties, Inc., 2004 Page 1 of 1 O POLICY NUMBER: AES1237650 02 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Additional Insured Person(s) or Organization(s): Location and Description of Completed Operations City of Huntington Beach. its officers. elected or With respect to monthly landscape service performed appointed officials. employees. agents and volunteers to medians, roadsides, and parks at which you 2000 Main St performed work for such additional insured as Hunting Beach, CA 92648 required per written contract. Information required to complete this Schedule, if not shown above,will be shown in the Declarations. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products- completed operations hazard". CG 20 37 07 04 ©ISO Properties, Inc., 2004 Page 1 of 1 ❑ Policy #AES1237650O2 COMMERCIAL GENERAL LIABILITY NX GL 009 08 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NON-CONTRIBUTING INSURANCE (THIRD-PARTY) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Third Party: All persons or organizations where required by written contract with the Named Insured (Absence of a specifically named Third Party above means that the provisions of this endorsement apply as required by written contractual agreement with any Third Party for whom you are performing work.) Paragraph 4.of SECTION IV: COMMERCIAL GENERAL LIABILITY CONDITIONS is replaced by the following: 4. Other Insurance: With respect to the Third Party shown above,this insurance is primary and non-contributing. Any and all other valid and collectable insurance available to such Third Party in respect of work performed by you under written contractual agreements with said Third Party for loss covered by this policy, shall in no instance be considered as primary,co-insurance,or contributing insurance. Rather,any such other insurance shall be considered excess over and above the insurance provided by this policy. NX GL 009 08 09 Page 1 of 1 POLICY NUMBER: AES123765002 COMMERCIAL GENERAL LIABILITY AES GL 209 03 14 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED - WHEN REQUIRED IN WRITTEN CONTRACT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Section II — Who is an Insured is amended to include as an additional insured any person or organization you are required to include as an additional insured on this policy by written contract or written agreement in effect during this policy period and executed prior to the"occurrence" of the"bodily injury"or"property damage." However, the insurance provided to such additional insured will not be broader than that which you are required by the written contract or written agreement to provide for the additional insured, and such insurance is further limited as follows: 1. Such person or organization is an additional insured only with respect to liability for"bodily injury" or"property damage"arising solely out of"your work"or"your product"which is imputed to the additional insured. 2. In the event that the Limits of Insurance provided by this policy exceed the amount of insurance required by the applicable written contract or written agreement, then the most we will pay is limited to the amount required by such written contract or written agreement. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. 3. This insurance does not apply to "bodily injury" or "property damage" arising out of "your work" or "your product" included in the "products-completed operations hazard' unless you are required to provide such coverage by the applicable written contract or written agreement, but only for the period of time required by the written contract or written agreement and only for "bodily injury" or"property damage" that occurs during the policy period arising out of"your work"or"your product." 4. Any coverage provided by this endorsement to an additional insured shall be excess over any other valid and collectible insurance available to the additional insured whether primary, excess, contingent or on any other basis. 5. Where no coverage under this policy shall apply for the Named Insured, no coverage or defense shall be afforded to the additional insured. 6. This insurance does not apply to "bodily injury" or"property damage" arising out of the sole negligence of the additional insured. All other terms and conditions remain unchanged. AES GL 209 03 14 Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc.,with its permission Policy #AES123765002 CG 24 04 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part Schedule Name Of Person(s) Or Organization(s): Any person or organization you have agreed in a written and executed contract, prior to an'occurrence", that you would provide such person or organization a waiver of transfer of rights of recovery against others to us on your policy. Information required to complete this Schedule, if not shown above,will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV—Conditions: We waive any right of recovery against the person(s) or organization(s) shown in the Schedule above because of payments we make under this Coverage Part. Such waiver by us applies only to the extent that the insured has waived its right of recovery against such person(s) or organization(s) prior to loss. This endorsement applies only to the person(s) or organization(s) shown in the Schedule above. All other terms and conditions of this Policy remain unchanged. CG 24 04 12 19 ©Insurance Services Office, Inc., 2018 Page 1 of 1 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 04-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy.We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2%of the California workers'compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description Any person or organization as required by written contract. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 3/1/2026 Policy No. SNS1628384 Endorsement No. 0 Insured Evolution Landscaping, Inc Insurance Company Security National Insurance Company. Countersigned by WC 04 03 06 (Ed. 04-84) POLICY NUMBER: SPP177513302 COMMERCIAL AUTO CA990187 0715 This Endorsement Changes The Policy. Please Read It Carefully BUSINESS AUTO COVERAGE EXPANSION ENDORSEMENT This endorsement modifies insurance provided by the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the COVERAGE FORM apply unless modified by the endorsement. A. Newly Acquired or Formed e. An "employee" of yours is an "insured" Organizations, Employee Hired Car while operating an "auto" hired or rented Liability and Blanket Additional Insured under a contract or agreement n that Status for Certain Entities. "employee's" name, with your Item 1. Who is an Insured of Paragraph A. permission, while performing duties Coverage under SECTION I - COVERED related to the conduct of your business. AUTOS LIABILITY COVERAGE is f. Any person or organization you are amended to add: required by written contract or d. Any organization you newly acquire or agreement to name as an additional form, other than a partnership,joint "insured", but only with respect to venture or limited liability company, and liability created n whole or h part by over which you maintain ownership of a such agreement. majority interest (greater than 50%), will B. Increase Of Loss Earnings Payment qualify as a Named Insured; however, Subpart(4) of a. Supplementary Payments (1) coverage under this provision is of Item 2. Coverage Extensions of afforded only until the 180th day Paragraph A. Coverage under SECTION II after you acquire or form the - COVERED AUTOS LIABILITY organization or the end of the policy COVERAGE is amended to read: period, whichever is earlier; (4) We will pay reasonable expenses (2) coverage does not apply to "bodily incurred by the "insured"at our injury", "property damage" or request, including actual loss of "covered pollution cost or expense" earnings up to $1,000 per day that results from an "accident"which because of time off from work. occurred before you acquired or C. Fellow Employee Injured By Covered formed the organization; and Auto You Own Or Hire (3) coverage does not apply if there is Item 5. Fellow Employee of Paragraph B. other similar insurance available to Exclusions under SECTION I - COVERED that organization, or if similar AUTOS LIABILITY COVERAGE is insurance would have been amended to add: available but for its termination or the exhaustion of its limits of This exclusion does not apply if the "bodily insurance. injury" results from the use of a covered "auto" you own or hire. Such coverage as This insurance does not apply if is afforded by this provision is excess over coverage for the newly acquired or any other collectible insurance. formed organization is excluded either by the provisions of this coverage form or by endorsement. CA990187 0715 Includes Copyrighted Material of Insurance Services Offices, Inc. Page 1 of 5 Used with permission D. Limited Automatic Towing Coverage G. "Personal Effects" Coverage Item 2. Towing, of Paragraph A. Coverage, Item 4. Coverage Extensions of Paragraph under SECTION III - PHYSICAL DAMAGE A. Coverage, under SECTION III - COVERAGE is amended to read: PHYSICAL DAMAGE COVERAGE, amended to add: 2. Towing "Personal Effects" Coverage We will pay for towing and labor costs each time that a covered "auto" is We will pay actual cash value for"loss" to disabled. All labor must be performed at "personal effects" of the "insured"while n the place of disablement of the covered a covered "auto" subject to a maximum "auto". limit of$2,500 per"loss", for that covered "auto" caused by the same "accident". No a. The limit for towing and labor for deductible will apply to this coverage. each disablement is $500; H. "Downtime Loss" Coverage b. No deductible applies to this cover- age. Item 4. Coverage Extensions, of a Hitting A Bird Paragraph A. Coverage, under SECTION E Item 3. Glass Breakage III. PHYSICAL DAMAGE COVERAGE, is Or Animal - Falling Objects or Missiles of amended to add: Paragraph A. Coverage under SECTION III - PHYSICAL DAMAGE COVERAGE, is "Downtime Loss" Coverage amended to add: We will pay any resulting "downtime loss" Glass Repair Coverage expenses you sustain as a result of a covered physical damage "loss"to a We will waive the Comprehensive covered "auto" up to a maximum of$100 deductible for Glass, if one is indicated on per day, for a maximum of 30 days for the your covered "auto", for glass repairs. We same physical damage "loss", subject to will repair at no cost to you, any glass that the following conditions: can be repaired without replacement, provided the "loss" arises from a covered a. We will provide "downtime loss" beginning Comprehensive "loss"to your"auto". on the 5th day after we have given you our agreement to pay for repairs to a F. Increase Of Transportation Expense covered "auto" and you have given the Coverage repair facility your authorization to make Subpart a. Transportation Expenses of repairs; Item 4. Coverage Extensions of Paragraph b. Coverage for"downtime loss" expenses A. Coverage under SECTION 111• will end when any of the following occur: PHYSICAL DAMAGE COVERAGE is amended to read: (1) You have a spare or reserve "auto" available to you to continue your a. Transportation Expenses operations. We will pay up to $50 per day to a (2) You purchase a replacement"auto". maximum of$1,000 for temporary transportation expense incurred by you (3) Repairs to your covered "auto" have because of the total theft of a covered been completed by the repair facility "auto" of the private passenger type. and they determine the covered We will pay only for those covered "auto" is road worthy. "autos" for which you carry either (4) You reach the 30 day maximum Comprehensive or Specified Causes of coverage. Loss Coverage or Theft Coverage. We will pay for temporary transportation expenses incurred during the period beginning 48 hours after the theft and ending, regardless of the policy's expiration, when the covered "auto" is returned to use or we pay for its "loss". CA990187 0715 Includes Copyrighted Material of Insurance Services Offices, Inc. Page 2 of 5 Used with permission I. Item 4. Coverage Extensions, of d. Contraband or property in the course Paragraph A Coverage, under SECTION of illegal transportation or trade. III. PHYSICAL DAMAGE COVERAGE, is e. "Loss" caused by theft, unless there is amended to add: evidence of forced entry into the We will pay any resulting rental covered "auto" and a police report is reimbursement expenses incurred by you for filed. a rental of an "auto" because of"loss" to a K Accidental Airbag Discharge Coverage covered "auto" up to a maximum of$100 per day, for a maximum of 30 days for the same Item 3.a. of Paragraph B. Exclusions under physical damage "loss", subject to the SECTION III PHYSICAL DAMAGE following conditions: COVERAGE is amended to read: a. We will provide rental reimbursement a Wear and tear, freezing, mechanical incurred during the policy period or electrical breakdown. The beginning 24 hours after the "loss" and exclusion relating to mechanical ending, regardless of the policy break-down does not apply to the expiration, with the number of days accidental discharge of an air bag. reasonably required to repair or replace L Loan or Lease Gap Coverage the covered "auto". If the "loss" is Paragraph C. Limit Of Insurance under caused by theft, this number of days is SECTION III - PHYSICAL DAMAGE the number of days it takes to locate the COVERAGE is amended to add: covered "auto" and return it to you or the number of days it takes for the claim to If a covered "auto" is owned or leased and be settled, whichever comes first. if we provide Physical Damage Coverage on it, we will pay, n the event of a covered b. Our payment is limited to necessary and total "loss", any unpaid amount due on the actual expenses incurred. lease or loan for a covered "auto", less: c. This coverage does not apply while a The amount paid under the Physical there are spare or reserve "autos" Damage Coverage Section of the available to you for your operations. policy; and d. If a "loss" results from the total theft of a b. Any: covered "auto" of the private passenger type, we will pay under this coverage (1) Overdue lease or loan only that amount of your rental payments including penalties, reimbursement expenses which is not interest or other charges already provided for under the Physical resulting from overdue Damage Coverage Extension. payments at the time of the "loss"; J. "Personal Effects" Exclusion (2) Financial penalties imposed Paragraph a Exclusions under SECTION under a lease for excessive use, III • PHYSICAL DAMAGE COVERAGE, is abnormal wear and tear or high amended to add: mileage; "Personal Effects" Exclusion (3) Costs for extended warranties, We will not pay for"loss" to "personal Credit Life Insurance, Health, effects" of any of the following: Accident or Disability Insurance a Accounts, bills, currency, deeds, purchased with the loan or evidence of debt, money, notes, lease; securities or commercial paper or (4) Security deposits not refunded other documents of value. by the lessor; and b. Bullion, gold, silver, platinum, or other (5) Carry-over balances from precious alloys or metals; furs or fur previous loans or leases garments; jewelry; watches; precious or semi-precious stones. c Paintings, statuary and other works of art. CA990187 0715 Includes Copyrighted Material of Insurance Services Offices, Inc. Page 3 of5 Used with permission M. Aggregate Deductible (3) An "executive officer" or director, if Paragraph D. Deductible under SECTION you are a corporation; III - PHYSICAL DAMAGE COVERAGES (4) A manager or member, if you are a amended to add: limited liability company; Regardless of the number of covered (5) Your insurance manager; or "autos" involved r, the same "loss", only (6) Your legal representative. one deductible will apply to that "loss". If the deductible amounts vary by"autos", P. Waiver Of Subrogation For Auto Liability then only the highest applicable deductible Losses Assumed Under Insured Contract will apply to that "loss". Item 5. Transfer Of Rights Of Recovery N. Diminishing Deductible Against Others To Us of Paragraph A. Loss Conditions under SECTION IV- Paragraph D. Deductible under SECTION BUSINESS AUTO CONDITIONS is III - PHYSICAL DAMAGE COVERAGE is amended to read: amended to add: 5. Transfer of Rights of Recovery Any deductible will he reduced by the Against Others To Us percentage indicated below on the first "loss" reported during the corresponding If any person or organization to or for policy period: whom we make payments under this Coverage Form has rights to recover damages from another, those rights are Loss Free Policy Periods Deductible transferred to us. That person or With the Expansion Reduction on the organization must do everything Endorsement first"loss" necessary to secure our rights and must 1 0% _ do nothing after an "accident" or"loss" 2 25% _ to impair them. However, if the insured has waived those rights to recover 3 50% through a written contract, we will waive 4 75% _ any right to recovery we may have 5 100% under this Coverage Fomi. If we pay a Physical Damage "loss" during Q Insurance is Primary and the policy period under any BUSINESS Noncontributory AUTO COVERAGE FORM you have with Subpart a. of Item 5. Other Insurance of us, your deductible stated r the Paragraph B. General Conditions under Declarations page of each such SECTION IV- BUSINESS AUTO COVERAGE FORM will not be reduced on CONDITIONS is amended to read: any subsequent claims during the remainder a. This insurance is primary and of your policy period and your deductible noncontributory, as respects any other reduction will revert back to CP/0 for each such COVERAGE FORM if coverage is insurance, if required ha written renewed. contract with you. 0. Knowledge of Loss and Notice To Us R Other Insurance - Hired Auto Physical Damage Subsection a of Item 2. Duties In the Event Subpart b. of Item 5.Other Insurance of of Accident, Claim, Suit or Loss of Paragraph i3, General Conditions under Paragraph A. Loss Conditions under SECTION IV- BUSINESS AUTO SECTION IV -- BUSINESS AUTO CONDITIONS is amended to read: CONDITIONS is amended to add: However, prompt notice of the "accident", b. For Hired Auto Physical Damage claim, "suit" or"loss" to us or our Coverage, the following are deemed authorized representative only applies to be covered "autos" you own: after the "accident", claim, "suit" or"loss" is (1) Any covered "auto"you lease, known to: hire, rent or borrow; and (1) You, if you are an individual; (2) A partner, if you are a partnership; CA990187 0715 Includes Copyrighted Material of Insurance Services Offices, Inc. Page 4 of 5 Used with permission (2) Any covered "auto" hired or rented by your "employee" under a contract h that individual "employee's" name, with your permission, while performing duties related to the conduct of your business. However, any"auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". S. Unintentional Failure To Disclose Hazards Paragraph B. General Conditions under SECTION IV- BUSINESS AUTO CONDI- TIONS is amended to add: 9. Your failure to disclose all hazards existing as of the inception date of this policy shall not prejudice the coverage afforded by this policy, provided that such failure to disclose all hazards is not intentional. However, you must report such previously undisclosed hazards to us as soon as practicable after its discovery. T. Additional Definition SECTION V- DEFINITIONS is amended to add: "Personal effects" means personal property owned by the "insured". "Downtime loss" means actual loss of "business income" for the period of time that a covered "auto": 1. Is out of service for repair or replacement as a result of a covered physical damage "loss" and 2. Is n the custody of a repair facility if not a total "loss". "Business Income" means: 1. Net Income (Net Profit or Loss before income taxes) that would have been earned or incurred; and 2. Continuing normal operating expenses incurred, including payroll. In this endorsement, Headings and Titles are inserted solely for the convenience and ease of reference. They do not affect the coverage provided by this endorsement, nor do they constitute any part of the terms and conditions of this endorsement. All other policy wording not specifically changed, modified, or replaced by this endorsement wording remains in effect. CA990187 0715 Includes Copyrighted Material of Insurance Services Offices, Inc. Page 5 of5 Used with permission 5/27/26,8:26 AM Accela Citizen Access Record Information A276981 : Standard Business Record Status: Active Expiration Date: 05/31/2027 Record Info Record Details Business Information: EVOLUTION LANDSCAPING & PLUMBING EVOLUTION LANDSCAPING INC 18931 Gothard St Huntington Beach CA 92648 -More Details Application Information Table NAICS CODES NAICS Code: 541320 Landscape Architectural Services https://engage.huntingtonbeachca.gov/CitizenAccess/Cap/CapDetail.aspx?Module=Licenses&TabName=Licenses&capID1=10CV2&capID2=00000&c... 1/1